SUMMARY ‘This proposed ordinance amends Chapter 6 of the 1984 Detroit City Code, Animal Control, Regulation and Care, (1) by reorganizing the Chapter into a mote logical structure by moving Asticle IL, Litensing and Control of Dogs, to Atticle V; by moving, Article III, Animal Contro! Shelter, to Article IV; by moving Article IV, Proper Treatment and Transportation of Aninrals, to Asticle Us by moving Article V, Pet Shops, to-a new Article VII; by reserving Article VI; and by creating a new Axticle IIT, Dangerous Animals, and moving formet sections 6-1-8 through 6-1-10 to it; (2) by amending the right of entry provisions set forth in Section 6-1-2(¢) to mote cleatly define the conditions under which animal control officer or law enforcement officer may enter property to seize an animal, in order to conform the provisions and procedures to law; (3) to update tetms and definitions; (4) to more clearly articulate focus on animal care by renaming the Animal Control Division as the Animal Care and Control division and by updating language regarding standards of animal care, including animal tethering; (6) to honor the life and memory of Xavier Strickland, who was fatally injured by dangerous dogs, and to demonstrate the commitment by the City of Detroit that the circumstances which led to Xavier Stricldland’s tragic death are adequately and permanently corrected and (5) to update language, delete duplicative or obsolete language, and make other technical revisions.10 a 12 B 4 15 16 "7 18 19 20 21 BY COUNCIL MEMBER AN ORDINANCE to amend Chapter 6 of the 1984 Detroit City Code, Animal Coniroh Regulation and Car, (1) by reorganizing the Chapter into 2 more logical structure by moving Article II, Licensing and Control of Dogs, to Anticle V3 by moving Asticle 11, Anima! Control Shelter, to Article IV; by moving Article IV, Proper Treatment and Transportation of Animals, to Axticle Tl; by moving Asticle V, Pet Shops, to a new Article VII; by reserving Atticle VI; and by creating a new Article III, Dangerous Animals, and moving former sections 6-1-8 through 6-1-10 to it; 2) by amending the tight of entry provisions set forth in Section 6-1-2(¢) to mote cleatly define the conditions under which animal control officer or law enforcement officer may enter propetty to seize an animal, in order to conform the provisions and procedures to law; (3) to update terms and definitions; (4) to more clearly articulate focus on animal care by renaming the Animal Control Division as the Animal Care and Control division and by updating language regarding standards of animal care, including animal tethering; and (5) to update Tanguage, delete duplicative ot obsolete language, and make other technical tevisions. IT IS HEREBY ORDAINED BY THE PEOPLE OF THE CITY OF DETROIT THAT: Section 1: That Chapter 6 of the 1984 Detroit City Code, Animal Control, Regulation, and Care, is amended by amending the chapter, as follows: CHAPTER 6. ANIMAL CONTROL, REGULATION, AND CARE ARTICLE I. IN GENERAL Sec. 6-1-1. Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them in this section: Abandonment means an owner leaving an imal_ unattended for at least sevensy-two-72) consecutive hours. Administrator means the individual with direct supervisory control over the Animal Care and Manor 1 eopisfant1 10 u 12 13 4 15 16 18 19 20 24 22, 23 24 Animal means any living domesticated or wild invertebrate or vertebrate, excluding humans. Animal Care and Contro! Division means the division of the Detroit Health Department, or such other designated City of Detroit department or agency; authorized to administer or enforce the provisions of this chapter. ter means the animal control shelter established, operated, and maintained by the City pursuant to Article IV of this chapter, Business License Center meaos the division of the Buildings, Safety Engineering and Environmental Department, or such other designated City department or agency, authorized to issue business licenses. City means-the City-of Detroit: Dangerous animal determination means a written declaration or order issued by the trol S} Animal C Administrator of the-Animal Control Division, or his orher the Administrator's designee, finding that a dog or other animal is dangerous because the dog or other animal: (1). Has without provocation attacked, bitten, or otherwise caused injury to a person; or 2) Has without provocation attacked, bitten, or otherwise caused injury to another domesticated animal; or (3) Has on one (1) or more occasions, and without provocation, chased or approached any person on any public property, or on any private place that is not the property of the animal’s owner, in an apparent attempt to attack or injure the person. Department _means_the Detroit Health Department _or_successor_department administrative oversight and control of the Animal Care and Control ion. Domesticated animal means any animal which is accustomed to living in an environment AtscorTs 2 w/r6/201710 u 12 13 4 18. 19 20 24 22 23 24 managed by humans and is suitable for the purpose of human companionship or service. Farm animal means, but is not limited to, a cow, a donkey, a goat, a horse, a Hama, a mule, a pony, poultry, sheep, swine, or any animal held or raised for purposes of food or other commercial consumption, : Impounded means an animal confined, kept, and maintained by the Animal Care and Control Division. Kennel means any premise or structure where three (3)-or more animals are boarded, confined, kept or maintained for the purpose of breeding, boarding, sale, sporting, or any commercial or training purposes. Licensed dog means a dog currently licensed by the Animal Care and Control Division, Licensee means any person or premises licensed under this chapter. Neglect, as defined by MCL 750.50, means to fail to sufficiently and properly care for an animal to the extent that the animal's health is jeopardized, Neuter means to make a male animal incapable of reproducing, Offered for sale means all animals found on the premises indicated on the license or licenses of a pet shop, except those of diseased, maimed, or sick animals that are housed in an entirely separate part of the premises or in cages or kennels with a “not for sale” sign attached to the front of each eage or kennel, Owner means, when applied to the proprietorship of an animal, every person having a right of property in the animal, every person who keeps or harbors an animal, or has an animal in his-or ‘her-the person's care or control, and every person who knowingly permits an animal to remain at or about any premises occupied by the person. Pet shop means any building, enclosure, lot, place, or structure, where birds, cats, dogs, fish, monkeys; rabbits, and other animals are offered for sale to the public, Aneoor7s 3 enjtej200710 M4 12 13 4 15 16 18, 19 20 a 22 23 24 Residence means an apartment, dwelling, flat, house, or other building or structure where ‘one (4 or more persons reside, Restraint means a device, enclosure, or structure such 2s a cage, corral, fenced enclosure, house, pen, or vehicle without means of escape, or a leash or other form of cable, rope, ot tether or secure attachment, used to securely and safely confine an animal. Seize means to capture, collect, restrain, or impound an animal ‘Serious bodily injury means bodily injury which-ereates-«-substantial isk of death oroauses nseik SOx pain, bodily-member-or organ. Service animal means that term as defined in Section 1 of Public Act 207 of 1970, bein; MCL 287.291 Spay means to make a female animal incapable of reproducing, ‘Stovilization Sterilize means to neuter or spay an animal. Stray animal means any animal running loose on public or private property without restraint. Tethering means to secure 2 dog to a stationary object by means of a metal chain or coated steel cable for keeping a dog restrained in its movement, Tethering does not mean walking a dog on.a leash or restraining a dog for temporary grooming or other professional service, Vicious animal means-any-animal-which: €)-Mauls-or kills « person or otherwise has inflicted serious bodily injuryuper-a person without provoeation; or (@)-Has inflicted two-(2} or: more-bites-upon-one (1) person-eausing serious injrytothe persenpor Ane-vor3 4 eyis(a710 u 13 4 15 16 7 18 19 20 24 22. 23 (3)-Has inflicted -one-(1)-o7 more bites-upon-twe-2}-efmore-persons-causing serious dnjury-to-the person orperens: Urban farm means over one acre of land under common ownership which is used to grow and harvest food crops and/or non-food crops for personal or group use and which is one of the following: (1) contiguous, or (2) non-contiguous and on the same block, or (3) contiguous or non-contiguous and separated by a right-of-way not greater than 60 feet in width. An urban farm includes an orchard or a tree farm that is a principal use. An urban farm may be divided into plots for cultivation by one or more individuals and/or groups or may be cultivated by individuals and/or groups collectively. The products of an urban farm may or may not be for commercial purposes. Urban farm animal means livestock or fowl permitted to be raised or kept in accordance with Article VI of this Chapter. Urban garden means up to one acre of land under common ownership whi ‘grow and harvest food crops and/or non-food crops for personal or group use and which is one of the following (1) contiguous, or 2) non-contiguous and on the same block, or 3) contiguous or non-contiguous and separated by a right-of-way not greater than 60 feet in width. ‘The produets of an urban garden may or may not be for commercial purposes. Wild animal means any animal that generally lives in its original and natural habitat, and Ateoorns 5 orsne/a0t71 isnotnormally considered a domesticated animal 2 Without provocation means, when applied to damage or injury caused to a person by an 3 animal, the person has not committed a willful trespass or other tort upon the property of the 4 animal's owner, or an act of abuse, assault, attack, or torment upon the animal or the owner of the 5 animal, ora criminal act or an attempt to commit a criminal act which takes place where the animal 6 is located. 7 Sec, 6-1-2, Animal eontrol-division Care and Control Division; authorization and 8 enforcement; minimum employment standards for animal control officers; right of entry 9 upon probable cause; interference with officer; damage to property; fees; rules. 10 (@)The Animal and Control Division is authorized to enforce the provisions of this 11 chapter concerning all animals within the City, including the care, control, regulation, and 12 disposition of such animals, and to administrate and operate the City’s Animal Control Shelter. 3 (b)The Animal Care and Control Division shall designate public servants as animal control 14 officers, to enforce the provisions of this chapter, or any rule or regulation promulgated thereto, 15. including issuing and serving appearance tickets, citations, complaints, or other written notices to 16 persons for violations of any of the provisions of this chapter. q (©)In accordance with section 1-1-9 of this Code, public servants who are employed as animal 18 control officers for the purposes of enforcing the provisions of this chapter shall have concurrent 19 authority with police officers and shall have such police powers as are necessary for the 20 enforcement of this chapter. aa (d)Pursuant to Sections 29b and 29¢ of the Michigan Dog Law of 1919, 1919 PA 339, being 22 MCL 287.289 and MCL 287.289c, the minimum employment standards relative to the 23 recruitment, selection, and appointment of animal control officers shall include: 2% (1) Requirements for educational, physical, mental, and moral fitness; and AN6-o0773 6 o2pt6/200710 11 12 13 14 15 16 W7 18 19 20 21 23, (2) Proof of A~a minimum course of study of not Jess than one-randred—(100) instructional hours as—prescribed approved by the Michigan Department of Agriculture and Rural Development; and (8) A valid driver’s license. Where the animal contro! officer is a police officer or has served at least three @) years as an animal contro! officer, these standards and requirements shall not be tequired, (¢) The -cnimal-eontrol-ofeers-of the Animal- Control Division-who-are-designated-to-onforee he-provisions-of this chapter-shall-have-the right-of entey,-upon-probabl ofa-violation of this-chapter,-onto-any_premises,-resideneeor-real_property-within-the-City- for the purpose-of pturing; collecting, ining-an i- Further, such officers shalt have thevight of porprebabl 7 premises, dk * prope the purpose of: ining any ‘animal-suspected. of having-rabies,-having bees exposed-to-rabies, or having altacked or bitler-a peror-orany-animal, {o)The following provisions shall apply regarding the right of entry upon, onto, oF into property: (1)_Subject to the provisions of paragraphs (2) and (3) of this subsection, the animal control officers and investigators of the Animal Care and Control Division who are designated to enforce the provisions of this Chapter, po peace officers, or any person authorized by the Animal Care and Control Diy shall have the right of entry upon, onto ar into; officers, sheriffs, other a. Any residenee, private property, or vehicle within the City for the purpose of seizing any animal; or b. Any residence, private property, or vehicle within the City for the purpose of examining any animal suspected of having rabies, having been exposed to Ateoorts 7 capre/201710 uw 12 13, 14 16 W 18 19 20 24 22, 24 rabies, or having attacked or bitten a person or any animal, (2) Subject to paragraph (3) of this subsection. as a condition to exercising the right of entry. set forth in paragraph (1) of this subsection, the person shall satisfy both subparagraphs a. and b. of this paragraph by establishing or obtaining: a.__probable cause ofa violation of this Chapter, and D._atleast one of the following: 2.__a warrant issued by an appropriate judicial officer or magistrate, or 3._entry for the purpose of assisting other law enforcement, public safety, or other personne! having a lawful right of entry, or 4, exigent circumstances in which the public health, safety, or the health or safety of one or more animals, is subject to imminent danger, G)_The following provisions shall also apply: a._Neither_owner_consent, nor_a warrant, nor exigent circumstances shall be required to seize any animal which is observed running loose and traversing across public or private properties: provided, however, if the animal is located inside private property or an adjoining fenced-in yard at the time seizure sought, the limitations on seizure listed above shall apply. b._ With respect to any provision within this Chapter that authorizes capture or seizure of an animal from a residence or private property, such seizure or capture shall be made in accordance with the provision of this section, c._Any owner aggrieved by the seizure of an animal from private property shall have the right, within 72 hours of the seizure, to meet with the Administrator or the Administrator’s designee and explain any mitigating circumstances, Subject Axes 8 orgy10 i 12 13 4 15 16 17 18 19 20 2 23 24 to the provisions of this Chapter governing dangerous animals and_animals possibly exposed to rabies, the Administrator or the Administrator's designee shall have the authority to exereise discretion to direct the immediate return of the animal and waive fees relating to the seizure of the animal, (f)-shall-be-unlewfel for aay No person te shall knowingly and willfully interfere with, hinder, resist, or obstruct an animal control officer, or any police officer, or any authorized agent or City employee, in the lawful performance of their duties as delineated in this chapter. (g)It-shell-be-ualasvful for aay No unauthorized person to shall knowingly and willfully release, remove, or attempt to release or remove, any animal in the care or custody of an animal control officer, including any animal located within the Animal Control Shelter, or within any vehicle or device used by the Animal Care and Control Division to transport or restrain any animal. (h)}t-shalt-be-untewful-forany No person te shall knowingly and willfully make a false statement, or to feil to reveal any fact, conceming any information required to be disclosed or otherwise provided to the City under any provision of this chapter. (i) ft shall-be-anlawfslfor-any No person te shall knowingly and willfully burn, deface, destroy, tear down, or otherwise damage, or attempt to bum, deface, destroy, tear down, or otherwise damage, any equipment, enclosure, or impoundment facility of the Animal Care and Control Division, @ The Public-Health Director of the Department shall esiablish fee schedules, subject to the approval of City Couneil, and collection procedures for services which are determined to be necessary for the public health and welfare of the City, including, but not limited to, the licensing and registration of dogs. The fees authorized by this section shall cover the costs of rendering such services and shall be reviewed, revised, and approved as necessary in accordance with this aec0r7s 9 magia10 it 12 14 15 16 7 18 19 20 24 22 23 24 section, (In accordance with the Michigan Public Health Code, 1978 PA 368. being MCL 333.1101 ef seg., and section 2-111 of the 4997 2012 Detroit City Charter, the Detroit Heals Department shall adopt and modify administrative regulations, rules, and procedures, as. necessary, for the administration of this chapter, including hearing procedures for resolving matters in dispute, Sec. 6-1-3. Owning, harboring, keeping, maint ining, selling or transferring of farm or wild animals prohibited; exception of circuses, zoos, and other approved activities; separate violation for each animal; disposition of animals in violation of this section, (a)t-shal-be-unlavful-for-a Except as provided in Article VI of this Chapter, no person te shall own, harbor, keep, or maintain, sell, or transfer any farm animal, or any wild animal, on their premises or at a public place within the City; provided, that farm animals or wild animals may be kept in circuses, zoos, oF Jabozatories, ot nonprofit organizations for educational purposes, subject to the approval of the City, where the care or custody is under the care of a trained and qualified ‘animal attendant at all times, whose responsibility shall be to see that such avimals are securely under restraint, (b)Bach farm animal, or wild animal, that is owned, kept, maintained, sold or transferred contrary to subsection (a) of this section shall constitute a separate violation of this section. (©) The Animal Care and Control Division is authorized to sell, transfer, euthantize, or dispose of any animal owned, kept, maintained, sold or transferred in violation of this section in a manner consistent with the protection of the public health, acceptable humane practices, and any applicable established City guidelines and procedures Sec. 6-1-4, Owning, harboring, keeping, or maintaining of reptiles or serpents prohibited; exceptions; separate violations for each reptile or serpent. aneoor7s 10 eso10 M1 12 14 158 16 18. 19 20 24 22 23 (a)It-shall-be-nlavful-for-a No person to shall own, harbor, keep, or maintain any reptiles or serpents, except turtles that are not in excess of fifteen-(15) inches in length, in their premises, or at a public place within the City; provided that this section shall-does not prohibit a circus, 200, or serpentarium, subject to the approval of the City, or to a pet shop thats licensed under artiole LV. Article VII of this chapter, from keeping reptiles or serpents where such reptiles or serpents are securely confined, in manner consistent with the proteetion of the public health and safety and acceptable humane practices. (b)Each reptile or serpent that is owned, harbored, kept, or maintained contrary to subsection (a) of this section shall constitute a separate violation of this section, (©) The Animal Care and Control Division is authorized to sell, transfer, euthanize, or dispose of any reptile or serpent that is owned, harbored, kept, or maintained in violation of this section in & manner consistent with the protection of the public health, acceptable humane practices, and any applicable established guidelines and procedures. See, 6-1-5. Certain animals declared public nuisance; abatement; animal wastes responsibility for removal of waste; prohibition on unapproved kennels. (@) Any animal which: (1) Is unclaimed by its owner after being picked up by, or delivered to the care and control of, the Animal Care and Control Division, or a stray animal; or 2) Bites a person; or (3) Unreasonably disturbs or annoys the quiet, comfort, and repose of persons in the vicinity by loud, frequent, habitual, or repeated barking, howling, or yelping; or (4) Defecates, digs, or urinates upon any building, lawn, plant, shrub, tree, or any other public private property, other than the property of the owner, may be declared to be a public nuisance, and be suijject to capture and abatement by the ancora 1" wyis/2or710 i 12 4 15 16 7 18 19 20 Animal Care_and Control Division or by the Police Department, or by any other authorized governmental agency, in accordance with the provisions of the Michigan Dog Law of 1919, 1919 PA 339, being MCL 287.261 ef seq., or this chapter and the rules and regulations of the Detroit Health Department. (byt shell be-unlavelal-forany N shall fail to immediately take any available and reasonable measures to abate sueh-a-public the owner of any animal declared to be a public nuisance te nuisance upon the oral or written notification of fo the owmer of the animal by any person authorized to enforce the provisions of this chapter. (©) Where any animal hes defecated upon any building, lawn, plant, shrub, tree, or any other public or private property, other than the property of the owner, and the owner of the animal upon notice immediately and properly removes all feces deposited by such animal and disposes of same in a sanitary manner, the publie nuisance shall be considered abated and not a violation of this section; provided, that it shall be lawful for a blind or disabled person with #guide-or paws-dog service animal to fail to promptly and properly collect and dispose of any animal waste or excrement on any public or privaie property, (@)k-shell-be-unlawfieL-for any No person to shall maintain or operate a kennel, or ¢@ construct, maintain, or use an accessory building for a kennel, within the City without obtaining all relevant licenses and the-approvel-or-a permits from the Buildings, Safety Engineering and Environmental Department and written approval by the Detroit Health Department, Sec. 6-3-96-1-6, Disposal of dead animals. The bodies of all dead animals within the City, including those at the Animal Control Shelter or un affiliated nonprofit shall be disposed of in accordance with the Michigan Bodies of Dead Animals Act, 1982 PA 239, being MCL 287.651 ef seq,, or as directed by the Michigan Department of Agriculture_and Rural Development, the Adr ator-of-the-Aninial- Control a1eo0Ts 12 o2ns/za%710 uw 12 13 14 18. 19 20 21 23, 24 Pivision, or any other authorized government official See. 6-1-7. Impoundment; release; and adoption, (a)The Animal Care and Control Division is authorized to impound any animal which is stray. foose, running at large, or has bitten or otherwise injured any person or other animal and needs to be confined for observation, (O)Any person may retain or trap in a humane manner and hold for the Animal Care and Control Division any animal trespassing upon the person’s property. The person must promptly notify the Animal Care and Control Division regarding any stray animal under the person's control, and, upon request, shall turn over the animal to the (©The Animal Care and Control Division may contract with any nonprofit corporation that is organized for the purpose of sheltering animals to assist in the care, impoundment, selease, or adoption of stray animals not determined to be dangerous by the Animal Care and Control Division, See. 6-3-4. 6-1-8, Records and reports. (@)Whenever a dog, cat, ferret, or other animal is delivered to, left with, or impounded at by the Animal Care and Control Shelter Division, the skelter Administrator shall make a record of ‘such the receipt of the animal which includes a basic description of the animal, the date the animal ‘Was acquired by the Animal Care and Control Shelter Division and under what circumstances, the date of any notice sent to the owner of the animal, and the subsequent disposition of the animal by the Animal Care and Control Skelter Division, (b)In accordance with Section 9a of the Michigan Pet Shops, Animal Control Shelters, and Anima! Protection Shelters Act, 1969 PA 287, being MCL 287.339, the Animal Care and Control Sireker ion shal! maintain written records concerning: (1) The total number of dogs, cats, and ferrets less than six ¢6)-months of age, the total Atsoo77s B eayieya01810 ir 12 13 14 15 16 18, 19 20 a4 23 24 number of dogs, cats, and ferrets six ¢6) months of age and older, and all other animals received and returned to owners, adopted to new owners, and sold of transferred with or without payment to any person; (2) The number of adopted dogs, cats, and ferrets that were altered; (3) The number of adopted dogs, cats, and ferrets that were not altered; and (4) The number of dogs, cats, and ferrets euthanized annually. (In accordance with Section 9a of the Michigan Pet Shops, Animal Control Shelters, and Animal Protection Shelters Act, 1969 PA 287, being MCL, 287.339, the Animal Care and Control Shelter Division shall provide a copy of these statistics, annually, to the Michigan Department of Agriculture and Rural Development. A copy shall also be provided to the Detroit City Council, (d)The Animal Care and Control Division shall submit a report to the Detroit City Council through the Detroit City Clerk’s Office upon the disposition of a dangerous animal pursuant to Sec. 6-3-2 of this chapter or by order of the 36" District Cor (c) The Administrator shall submit an annual report to the Detroit City Couneil which shall include, for the period covered by the report: (1) The number of incidents of dangerous behavior reported to the Animal Control Di (2) The number of animals declared dangerous; and (3) The location of all animals declared dangerous residing with their owners, See-6-1-6- Owning harboring keeping: heltering-viei animals-and-animals exposed to-rabies prohibiteds-disposition-or-release-of animal having attacked, bitten-or-seratehed-a AtGo0rTs 14 wmysoja0n718 19 20 au 22 23 24 i fe itherubies: (b)Any person who owns, harbors keeps or shelters an-animab which as contracted rubies or Jsioh-hee-been-exposed-to-rabies, including being-sheliered in-th 1 fth-a- known ‘bidanimal-orwhioh has be bb: thority-of 7 " IF im bies; shall p o ; * sponsibility te-immed hich has b ore ah or suspected to-have attacked, bitten, or soratohed-a person-orotheranimal; aUp jgation-and subsequent determination. by-the Animal Control-Division-th has bi eked, bitlen-or-seratehed b: jena Ah s-harbs shel J4-an-animal-shall-have-the-duty-and oi der the animal 5 9 P ty up forth weotd .dclinieal observation for rebiesThe observation period shall-be-for jod-of notloss the 10)-days-ftom-the date- ofthe atieek, bi Fhe th Aseourts 15 epcport10 ut 12 13 14 15 16 7 18 22 23 24 1 shall-beat-th £the care, feeding, and-mal o-of a quarantined animal} of animal-pregnancy-of illness, animelsmay-be quarantined, atthe diseretion of the Animel- Control Division,onth 2s property. irnal-subjeotto-qua shall-not-be vaccinated bed eee : {e)it shell be unlawful fore person, upon-demand-ofthe Animal Control Dixision or the Pelice Dep to faik " imal that has attacked, bitten, or seraiched a pers 4 thi four-@4}-hours-after the anienal-h ced bitten, oF soratohed-a-p " T-Control_Division;or-upen_approval_of the ab I-Division, wo-ativensed > poration Hicensed-for-the perp sheltering anisole, for-th purpose-of detention and clinical observation for rebies, ¢f) The-Animal-Control-Division-may authorize the-owner-of-aa-animal-that-has-attacked, bitten ;orseratched ap imal to-confiae the animal-to-his orherresidence or othersuitabl ph the-clinical-ebservation-period-for-rabiesWhere-conti is-tuthorized-under-this subsection, the-enimal-shall-be-eonfined in-a-seeure-pen,-with an-asphalt, conorete-or wead-floor, ith e-closed top-and locked gate-essuring-that the elinieal ob jon period will-be completed the 1-sti-eonfined_Purther, during this-confinement the-animal-shall-only-be allowed Sec. 6-1-9 Animals determined te be dangerous animals; requirements; warning notice {Fd 16-0077 16 eansyan710 u 12 13, 14 15 16 17 18 20 24 22 23 24 note:-This-seotion has-been moved to-section 6-3-2} See,-6-1-40-Animals- determined tobe dangerous;-failure-to-comply-with requirements seizures euthanization-of animal {id note-This-seotion has-been movedto-seetion 6-3-3} See: 6-1-1, Maximum-number-of dogs-and-ents-at residences exeeptions-/Ed-note This section has-been movedtte-seetion 6-21, subsection(d)] See, 6-1-42, 6-1-9. Violations and penalties, (@) It-shell-be-unlawful-for-any No person te shall violate any provision of this chapter, or te aid and abet another to violate any such provision (byAny person who violates this chapter may be issued an ordinance violation for each day that the violation continues. (©) Except as provided in subsections (d) and (e) of this section, any person who is found guilty of violating this chapter shall be convicted of a misdemeanor for each ordinance violation that is issued, and, in the discretion of the court, may be fined up to five hundred dollars ($500.00) and sentenced to up to ninety (90) days in jail, or both, for cach ordinance violation that is issued, Up Jetion for-vielutl 6-1-6(4)-0f this Code. ion 6-1-6(e) oF thi sentenced: Lieapei fnotless-th (20) and-shall receive-a-fine-of not fess-than-twe-hundred.and fifty dollars ($250.00), (d) Where the provisions of this Chapter have been violated, any animal control officer, police officer, sheriff, or any person authorized by the Animal Care and Control Di to Seotion 6-1-2(¢), seize the animal(s). ()In addition to any costs _associated with seizure, impound, care, and vaccination of an sion. may, pursuant inated dog bome by the Animal Care and Control Division described in Atticle V of this Code, any violation of Article V may be subject to the following penalties within the discretion of the Animal Care and Control Division; n: At6-00773 7 2/6/200710 u 12 3 14 16 17 18, 20 24 22, 23 24 (1) A fine of not more than one hundred dollars ($100.00) for the first offense; (2) A fine of not more than two hundred dollars ($200.00) for a second offense occurring within six ¢6} months of the first offense; (3) A fine of up to five hundred dollars ($500.00) and relinquishment of any ‘ownership of the dog for a third offense or later offense occurring within eighteen €18) months of the first offense; and (4) The mandatory spay or neuter of the dog in question, with associated costs to be paid by the owner, if the dog is intuet, after a second offense. (Q.All violations or penalties under subsection (e) shall be reviewable through the City administrative hearings process. A person cited for violations of this chapter may file a written Tequest for a hearing to review the determination within ten-¢10} days of receipt of the violation, Sec, 6-41-43 6-1 ~ 6-1-20. Reserved. ARTICLE IV, IJ, PROPER TREATMENT AND TRANSPORTATION OF ANIMALS Sec. 6-446-2-1. Duty of care over animals; neglect; abandonment; overcrowding_of animals; failure-te provide proper food; water, shelter, or sanitation. (a) It shall-be-unlewful-for-any-person-to-overerowd rabbits domestie fowl poultry or any other animals in-any-erate, box, of other receptacle: (@)ItshalLbe unlavefih 7 failto provide proper food, water,she! te-zabbits, domestic fowl poultry, or-any other animal, {2)All persons owning, harboring, ot keeping an animal shall attend to and responsibly care for the animal. Responsible care includes, but is not limited to, providing proper food, water, shelter, sanitation, and medical treatment for injuries, parasites, and diseases that is sufficient to the animal in good health and minimize suffering for the animal aecording to its species, age, and circumstanc: Atso0773 18 copte/an710 u" 12 13 14 15 16 v7 23 24 (b)No person having care, custody, or control of any animal shell neglect the animal, as defined by Section 6-1-1 of this Code. (©)No_person having care, custody, or control of. abandonment of the animal, as defined by Section 6-1-1 of this Code, See. 6-1-11, Maximum-number-of dogs-and-eats-at residence; exceptions: (a)It-shall-bo-unlewful-for-a-person-to-own harbor keep; or shelier-more-than-four-(4}-dogs ‘ £four{4) months idence within the City: provided, thatap hho- owned harbored, kept, or sheltered more than four (4) Jieensed- dogs athis erher residence within-the City prior to-the effective date-of the-ord ing this oh £ the Code-may-harbor,k of-four(4)-atthe residence to-a-persen-or-agency not at the residence: (@)It-shall-be-unlawtul-tor--person 4o shall own, harbor, keep, or shelter more than four animals of the same species (4}-eatsover the age of four €4}-months-at in a single residence-within the City. (@)No person shall overcrowd rabbits, domestic fowl, poultry or any other animals in any gtate, box, or other receptacle. (®) Whether or not authorized by Section 53 of Chapter IX. Animals, of the Michigan Penal Code, 1931 PA 328, being MCL 750.53, the Ani | Care and Control Division is authorized to impound any animal which: 1)_Appears to have been neglected or cruelly treated, including but not limited to actions prohibited in Seti 1s 49 through $1 of Chapter IX, Animals, of the Michigan Penal Code, 1931 PA 328, being MCL 750,49 through 750.51 2)_Appears to have been abandoned, atec077s 19 seperar10 u 12 13 14 15 16 7 18 19 20 21 23 24 (2) Appears to have been abandoned. Sce, 6-2-6; 6-2-2, Dog restraint; prolonged tethering prohibited under certain circumstances, (@)It shale is the duty and responsibility of the owner of any a dog to actively monitor and keep the dog on the owner's property. (b)It-shall-be-uslavefl for any No owner to of a dog shall allow any the dog to stray on public or private property, other than the private property of the owner, unless held properly by a leash ‘or under restraint; provided, that police dogs accompanied by their handler while actively engaged in activities for which such dogs are trained are not subject to this prohibition, {C)No owner of a dog shall: AteonrTs (2) Continuously tether a dog for more than three hours per day; @) Tether a dog using a tether made of anything but a coated steel cable at any length less than three times the length of the dog as measured from the tip of its nose to the ase of its tal; (3) Use a tether or any assembly or attachments that amount to more than 10% of the dog’s weight or that significantly inhibit the movement of the dog within the tethered area; (4) Attach a dog to a tether by means of any implement other than a buekle-type collar or harness, so as to risk injury, strangulation, or entanglement of the dog on fences, trees, or other obstacles; (5) Tether a dog without access to shade when sunlight is likely to cause overheating or without access to appropriate shelter for insulation and protection against cold and dampness when the atmospheric temperature falls below forty degrees Fahrenheit; (©) Tether a dog without securing its food and water source to prevent its being tipped ‘over or spilled by the tether; 20 wero10 a 12 3 14 15 16 17 18. 19 20 24 22 23 24 (7) Tether a dog in an open area that does not provide the dog protection from attack from people or other animals; (8) Tether a dog in an area composed entirely of bare earth subject to becoming wet and muddy in the event of precipitation, and without any dry surface area for cover or protection; (9) Tether a dog under four months old; (10) Tether more than one dog to a single tether; (11) Tether a dog to a stationary object that would allow the dog to come within five feet of any property line; or (12) Tether a dog without a swivel attached or equipped on both ends Sec. 6-2-7. 6-2-3. Treatment of stray dogs. (@)The Animal Care and Control Division is authorized to eapture seize and impound any stray dog (i) that is on public property, or (ii) that is on private property, in accordance with section 6-1.2(e), and to return, sell, transfer, or euthanize any such animal in accordance with this chapter (b)It-shell-be-the-duty-oF all All persons to shall immediately notify the Animal Care and Control Division regarding any stray dog under their control and, upon request, to-shall tum over any stray dog to the Animal Care and Control Division. The Animal Care and Control Division shall impound, register, and promptly notify the owner of the dog, if any, at hisorherthe owner's last known address, (©): shall-be-unlewful-for-any No person te shall harbor, hold, or keep for reward any dog memises or property-ef-sueh-the-persan, or which has been Picked up on a public highway or other public place unaccompanied by its owner, or which has which has strayed upon the persor been stolen from the owner, (d)t-shal-be unlawful for-any No person other than the owner te shall procure a license for aseourts 2 xjis/om710 1 12 13 14 6 16 18 19 20 at 22, 23 24 any dog which has strayed upon the person's premises or property-of such-person, or which has been picked up on a public highway or other public place unaccompanied by its owner, or has been stolen form the owner. (©The provisions of this section prohibiting the harboring, holding, keeping, and licensing of a stray dog shal! do not apply to ny a nonprofit corporation that is organized for the purpose of sheltering dogs, or to a legal purchaser of a dog from such organization. Sec. 6-4-2, 62-4, Sale of baby chicks, baby rabbits, ducklings or other fowl as pets or novelties prohibited. Except as provided in Article VI of this Chapter, it shall-be-unfawfl-for-any no person to shall sell, or offer for sale, barter, or give away baby chicks, baby rabbits, ducklings or other fowl as pets or novelties, whether or not dyed, colored or otherwise artificially treated, This section shall not be construed to prohibit the display or sale of natural chicks or ducklings in proper brooder facilities by hatcheries or businesses, including licensed pet shops, engaged in the selling of the same to be raised for commercial purposes. Sec. 64-3; 6-2-5. Locking or tying wings of fowl prohibited. {-shall-be untewvfal-For any No person te shall lock or tie the wings of any chicken, turkey, goose, duck or other domesticated fowl for the purposes of weighing or handling or cause the same to be done by another person, Sec. 6-4-4. 6-2-6, Safe transportation of animals required, ‘Ttshall-be unlawful for- any No person ée shall transport an animal within the City in such manner that would likely endanger the life or limb of any such animal See, 6-4-5, 6-2-7, Segregation of animals of different kinds, sizes, and weights required for transportation, Where animals of different kinds, sizes, or weights are transported on the streets of the Atcoorss 22 arjteran710 14 12 13 14 15 16 7 18 19 20 24 22 City, partitions shall be erected in a transporting vehicle so that animals of separate kinds, sizes, or weights may be segregated, Seer6-4-6,Selnire and impoundment ofanimals where article violated: /iid-note: This section shas-been-moved to Section 6-1-Dfd)-sce-also- Section 6-219} Sec. 6-2-8 ~ 6-2-15, Reserved. ARTICLE II. DANGEROUS ANIMALS Sec, 6-4-8: 6-3-1, Dangerous animals investigation; determination by the administrator Administrator ef the-enimal-controldivision or the Administrator's designees appeal of dangerous animal determination; requirements for owners treatment of animals determined to be dangerous;-vielation;-disposition-of-dangerous-animals-treatment-of-animals-to-be dongereus; treatment of animals seized or surrendered prior to dangerous animal determination. (a)Upon the receipt of a verifiable complaint from an individual or other report of an attack, a bite, a dogfight, an injury, an observation of threatening behavior, or other reason to cause a reasonable person to believe that a dog or other animal may be dangerous, the Animal Care and Control Division shall evaluate the complaint or report and, where the factual circumstances warrant, may conduct a dangerous animal investigation, Where practicable, the investigation shall include interviewing the complainant, any vietim or vietims of the attack or animal bite and any witness or witnesses who observed the subject animal, and visiting the scene where the reported incident took place. (b)The Animal Care and Control Division investigator who is assigned to the dangerous animal investigation shall make a written recommendation concerning the incident and the animal and whether the Administrator of the Animal ControlDivision should issue a dangerous animal determination, including the factual basis for the recommendation, For purposes of making a Atcoures 23 mpssa0n710 12 13 14 19 20 24 22 24 recommendation under this section of the Code, the investigating officer may review and rely upon aviritten police report concerning an animal attack, bite, threatening behavior, or other observation ‘that an animal may be dangerous. Any animal that is the subject of a dangerous animal investigation shall not be moved or harbored at another location, excepting transport to a licensed veterinary facility for purposes of a rabies quarantine, or have its ownership transferred, pending the outcome of the investigation or any hearings related to the determination of whether the animal is a dangerous animal under this section. (©)The Administrator-of-the-Animal_Control-Divisien, or-his-or-her the Administrator's designee, shal! review the recommendation contained in the dangerous animal investigation, and, after such review, shall have the authority to issue @ dangerous animal determination concerning the subject dog or animal, Upon-the-issuance-of-adangerous—anisnal-detenmination,—tho dmninistratorof the | Control Division, orhis erher designee, may-onderth — animal te-comply-with Hof the-requi ned:-in-this-section-in-onder-to-p the public-health, safety-and welfare; (@Upon a dangerous animal determination, the Animal Care_and Control Division shall provide the owner of the animal a written notification of the determination by eestfied first class :ncil-ee personal service. Within ten (10) days from the date of the receipt of the mailing or personal service of the notice of the dangerous-animal determination, the owner of the animal may file a written request with-the-Animal Contsol Division-for a hearing to review the determination at the ict Court. An-administrative hearing shall be held-as-seon-as-possible, but neither earlier than-five(5} days, not later than thiry- 20) days-after th om sLowner’s request for shearing Thead Yive heating shell beheld in accordance-withthe-rales-and-prosedures oF the Detroit Health Department that are promulgated pursuant-te-section.2-1H1 of the 1997 Detroit ‘City Charter-Pending any hearing or resolution on the dangerous animal determination, the animal 36" ateomrs 24 cansja10 rt 12 13 4 15 16 18 19 20 24 22 23 24 shall be confined in accordance with any the requirements imposed by the Administrator of the Animal Control Division, or bis-erher the Administrator's designee, pursuant to section 6-9 6- 3:2 of this Code, including confinement in a securely fenced or enclosed area. Where the owner fails to request a hearing within the ten-(10) day period after receipt of the notice, then the dangerous animal determination made by the Administrator of the Animal Control Division, or his or-hor the Administrator's designee, shall become final, and the animal shall be deemed a dangerous animal under this section. (c)Pursuant-to-seotion-6-3-$ of this-Code,where Where the Administrator-of the Animal Control Division, or hisor-her the Administrator's designee, makes a dangerous animal determination under subsection (c) of this section and the animal has caused severe injury or death to any person or animal, the Administrator of-the-Anima! Control-Disision, or his-orher the Admini: +t Court for the euthanization of trator's designee, may seek an order fi the animal-taking, The Administrator shall take into consideration the severity and the total circumstances of injury to person(s) or animal(s) prior to seeking review and shall abide by the ‘procedures and judgment of the 36" District Court if a euthanization order is sought. (f Whenever an animal js seized or brought to the Animal Control Division for havin, allacked bitten _a_person or another animal, during the pendency of a dangerous animal determination the Animal Care and Control Division shall hold and care for the animal. The animal shall not be released unless: (1). The owner enters into an agreement with Administrator pursuant to Sec. 6-3-2 of this Code, or; (@) An order from the 36" District Court compels release of the animal to the owner. {g)No_animal held by the Animal Care and Control Division for a dangerous animal tation shall be euthanized prior to receipt of an order from the 36" District Court, arent 25 emprepzor7 determi10 i 12 “ 15 16 W 18 19 20 24 22, 23 24 See. 6-1-9 Disposition-of animals Animals determined to be dangerous; requirements for owners of animals determined fo he dangerouss-warning notice, (@)In all cases where an animal is determined to be a dangerous animal under section 6-L8 6- 3:1 of this Code, and the animal is not euthanized, the Administrator of-the Animal Control Division, or his-or her the Administrator's designee, shall make the determination of whether the animal may be returned to jts owner. As part of the terms of return, the Administrator shall order the owner to comply with the following requirements: (1) The owner shall maintain proper license and up to date vaccinations for the animal as required under Article V of this Chapter; Q) If the animal was capable of reproduction prior to the dangerous animal determination, the animal must be sterilized; 43) When the animal is on the owner's property, the animal must be confined securely indoors or securely outdoors within a locked enclosure, pen, or structure that prevents the entry of any person and the escape of the confined animal. An enclosure, pen, or structure used to confine an animal determined to be dangerous shall be a minimum of six (6)-fect in height, Where the enclosure, pen, or structure used to confine the animal does not have a bottom secured to the sides, the sides shall be embedded into the ground at a depth of at least two (feet. Any enclosure, pen, or structure, including any fencing, used for the purpose of compliance with this section is required to be humane and provide protection from the weather for the animal. Every ‘owner of an animal determined to be a dangerous animal shall allow inspection of ‘the required enclosure, pen, of structure by the Animal Care and Control Division to ensure compliance with this section; €@)(4)While off the owner’s property, an animal determined to be a dangerous animal Atesco77s 26 e2piej201710 i 12 13 4 15 16 7 18 19 20 24 22, 23 24 ‘must be securely muzzled to prevent the possibility of biting and under restraint by a substantial chain or leash not exceeding six ¢6)feet in length by a person eighteen 18) years of age or older who shall-be is responsible for the animal at all such times when the animal is off the owner's property. The muzzle must be made and attached in amanner that does not cause injury to the animal or impair its vision or respiration, ‘but must prevent the animal from biting any person or animal; (8) The owner must permit the Animal Care and Control Division to perform an annual inspection of the animal and all enclosures, pens, or structures used to house the animal at a time suitable to the Department and the owner; and €@)(6)'The owner of the dangerous animal must post a warming notice on any premises where the animal is harbored, kept, or sheltered in a place conspicuously visible to the public stating in bold, black letters at least six €6)inches in height: “WARNING! DANGEROUS ANIMAL: KEEP AWAY, ()In addition, the Administrator ef the—AnimalContrel-Division, or his—orher the Administrator's designee, may order the owner of an animal that is determined to be a dangerous animal under section 6-8 6-3-1 of this Code to comply with any one or more of the following, requirements: (1) The owner must confine the dangerous animal to the secure enclosure deseribed in subsection (a)(1) of this section at all times and only allow the animal out the enclosure under the conditions set forth in subsection (a)(2) of this section, where necessary, to obtain veterinary care or to comply with a court order; (2) The owner and the animal must complete a course of animal obedience training approved by the Animal Care and Control Division; G)_ The owner must have-the-animal sterilized purchase an approved form of external Asaor7s a7 enpi6/201710 WW 12 13 14 15 16 18, 19 20 24 23, 24 identification from the Animal Care and Control Division, indicating to other residents that the animal is dangerous; or (4) The owner must obtain and maintein provide proof of current liability insurance in an amount determined by the Administrator of the-Animel- Control Division, or his ‘orher the Administrator's designee, to be sutticient to compensate and protect the public from any damage or harm caused by the animal. animal sholl-not-be-retured-to-the-owner-unless-a-court-so-orders; Sec, 6-1-10, 6-3-3. Violations involving animals Animals determined to be dangerous; failure to comply with requirements; seizure; euthanization-of animal. (a) it shall-be-unlawfis!-for any No person who owns an animal that has been determined to be dangerous under this chapter to shall fail to comply with any of the requirements of section 6-1-9 6-3-2 of this Code, or any order of the Administrator ofthe Animal Control Divisies, orhis-erher assignee the Administrator's designee, as authorized under that section, (B)Any-animal-which-hes-been determined te be a-dangerous-animal-under section-6-1-8-0f this Code, and-is observed outside of and not confined-withie-the enclosure required:-by section 6- +-948)(1)-of this- Code or muzzled-and restzained.as required by section 6-1-9(e)2} of this Code, ae . b-the-reg section 6-41.9(6} of this Code, if applicable-may-be -by any-animal controb-officer-or poliee-offieer,or other authorized agent-and impounded {e(b) Where an animal is determined to be dangerous pursuant to section 6-1-8 6-3-1 of Ats.nr7s 28 oyigpaor710 u 12 13 14 15 16 18 19 20 24 23 24 this Code and thereafter attacks of or injures a person or domesticated animal, or where the owner fails to comply with any order issued under section 6-3-2(a) or (b). the animal may be seized and impounded, at the owner’s expense, by the Animal Care and Control Division, The Administrator of the Animal Control Division, or his-orher the Administrator's designee, is authorized to order the owner of the animal to comply with any of the alternatives contained in section 6-4-9(6) 6-3- 2b) of this Code or seck an order from the 36" District Court for the euthanization of the animal Sebi 40}-days-of-the date of the City’s notification-that-th Lsvill-be euthanized, th Prepon Hie-evidence; ipporting the dangerous-animal-determination-and-thatth animal-has-not-been-eonfinec: as required in subsection (a}-<£ this section notwithstanding whether he-animal-is-so-confined-at the ime-of thi hearing s0-cenfined-at-the-time-of impoundmest, 63-4 Reserved. ARTICLE HE IV. ANIMAL CONTROL SHELTER, Sec. 6-3-1, 6-4-1, Establishment, operation, and maintenance of animal control shelter. ‘The City shalt-may establish, operate, and maintain an animal control shelter pursuant to the terms of this article and chapter. The Animal Control Shelter whieh-shall be located in such place as may be designated by the City. The Animal Control Shelter shall be under the supervision of the Administrator-ef the Animal-Control Division, who shall be responsible for the assignment of qualified persons to operate sueh the shelter in accordance with the Michigan Pet Shops, Animal Control Shelters, and Animal Protection Shelters Act, 1969 PA 287, being MCL 287.331 ef seq., and this chapter of the Code. The Animal Control Shelter shell have control of its operation and A1sourrs 29 ejrsj20710 re 12 13 14 15 16 18, 19 20 2 22 23 24 be maintained in the interest of health and welfare of any animals captured of entrusted to its custody or care. Sec. 6-3-2, 6-4-2, Neutering and spaying clinic. (a)Services of the a neutering and spaying clinic at the Detroit Animal Control Shelter shalt may be made available to residents of the City to have their dogs and cats neutered or spayed. Priority-The Animal Control Shelter shall give priority for such services shetl-begiver-to dogs and cats owned by residents of the City who receive public assistance, or whose ittcome consists primarily of payments detived fiom the Social Security Act, the Railroad Retirement Act, or benefits from the U.S. Department of Veteran’s Administration Affairs (b)The Administrator of the-Animal-Care-and-Control-Divisten shall establish a fee schedule, subject to City Couneil approval, for neutering and spaying that is based on an owner’ ability to pay and the complexity of the surgery involved. ‘The fee schedule shall be approved by resolution of the City Council prior to the availability or delivery of any such services. {)The availability of this any services within this section shall be limited by the annual budget approved by City Council for the neutering and spaying clinic. Sec. 6-3-3, 6-4-3. Seizure, capture Capture, impoundment, and harboring of stray animals, 4#)-The Animal Control Shelter shall seize, capture, impound, and harbor all stray animals, and all animals owned or harbored contrary to the provisions of this chapter; provided, however, if'the animal is on private property the provisions of section 6-1-2(c) shall apply. ‘See-6-3-4. Reeords-and-reperts {Ed-note--This-seetion-has-heen-movedte- Section 6-1-8} Sec. 6-3-5; 6-4-4. Holding period for certain animals; notice to owner. (a)A dog, cat, livestock, or other animal, not including a farm or wild animal, shall not be euthanized, sold, or transferred within four (4) days after its capture or receipt by the Animal Care and Control Di ion, Where a dog or cat has a collar, license or other evidence of ownership, its Ateoorts 30 wjrsj201710 1 12 13 14 18 19 20 24 owner shall be notified in writing, and the animal shall not be euthanized, sold, or transferred until seven (} days after the date of mailing the notice by eer#iSed-and regular mail to the owner. A record shall be kept of each identifiable dog, cat or other animal acquired, which indicates a basic description of the animal, the date it was acquired, and under what circumstances. The record shall also indicate the date the notice was mailed to the owner of the animal and whether the animal was returned to the owner, cuthanized, sold, or transferred. (b) This section shall not apply to animals that are sick or injured to the extent the holding period would cause undue suffering of the animal or to animals whose owners request that the Animal Care and Control Division immediately euthanize an animal or otherwise dispose of the animal. Sec, 6-3-6, 6-4-5. Redemption and release fees. (@)A release fee shall be required to be paid to the Animal Control Shelter by each person claiming ownership or buying any dog, cat or other animal that is in the custody of the Animal Control Shelter; provided, that an owner reclaiming his or her stray dog, on more than one (4) occasion, shall be charged an additional fee for multiple releases. All release fees shall be posted at the Animal Control Shelter. (b)Any animal that has been confined for rabies observation, or has been confiscated by the Animal Care and Control Division or by the Police Department and impounded as a result of alleged unlawful activity or as a result of eviction from a premises, shall not be released fiom the Animal Control Shelter unless the owner or person lawfully claiming suoh-the animal shall pay to the Animal Control Shelter a service charge for the care, custody and feeding of sueh the animal for each impoundment, (0) The fee schedule for services rendered under this section shall be posted at the Animal Control Shelter, and be subject to review and adoption by the Detroit City Council. Anea0778 31 anpro/aan710 TT 12 1B 14 15 16 7 18, 19 20 24 22, 24 See. 6-3-7. 6-4-6. Disposition upon failure to redeem; sale or transfer or live animals for research prohibited; neutering, spaying, licensing and vaccination prior to release, (@)Alll animals not claimed, after being impounded, and released within four (4) or seven days, as prescribed by section 6-3-5-6-4-4 of this Code, may be euthanized by the Animal Control Shelter. (b)The Animal Control Shelter shall not knowingly sell or transfer any unclaimed live animal to any organization or person for the purpose of research, (During such times as a neutering and spaying clinic shall exist at the Animal Control Shelter, all dogs and cats sold by the shelter shall be neutered or spayed at the shelter, before being released to the purchaser. A reasonable fee shall be charged for this service and shall be paid to the Animal Control Shelter prior to the surgical procedure taking place. The purchaser must agree in writing to aay-and all conditions prescribed by the efinie Animal Control Shelter concerning the entire neutering or spaying process. (@AII dogs sold by the Animal Contro! Shelter shall be currently licensed and vaccinated against rabies before release, See. 6-3-8-TFreatment-of vicious animals-or-certuin-animals-determined_to-be-dangerous rebuttable presumption-that the dog is vicious; disposition, (@) Whenever an-animal is brought te-the Animal-Contzol Shelter for having biter-a person; end-where-it appears that such dog, cat, or ether animal is -vieious-animal es defined in-section 6-LLofthis Code, or has-heon- diobead jena ction 648 of this Codethe Admini £-the-Animal-Control-Division-may srieh-animalto-t hanized-as-a-vieious ord animal-after-the animal-has beon-held-a-sufficient-length-of he requ mnder-this-chaptor f l-e-hoaring if anys on-th disposition-of the animal—Any-enimal-subjeet-to-this-seetion-shall-not-be euthanized - until At6.0773 32 ooptsfann710 it 12 13, 4 15 16 23 4 Reserved. ARTICLE HY, LICENSING AND CONTROL OF DOGS See. 6-2-4: 6-5-1, Dog license requirements; rabies vaccination requirements; limitation on number of licenses issues to a residence; unticensed-dogs-declured-a_publie-nuisanee; abatement; disposition of licensed dogs; impoundment of stray-and-unlicensed dogs. (a)it-shall-be-unlawtie_for-any No person te shal] own, harbor, keop, or shelter a dog more than four ¢4) months of age within the City without purchasing a license for the dog, in accordance with the requirements of this chapter, from the Animal Care and Control Division, a City agency or department authorized to accept payment for a City dog license, or a nonprofit organization authorized to accept payment for a City dog license, (b)In accordance with section 6-448) 6-5-4(a) of this Code, the Animal Care and Control Division, or any City agency or department authorized to accept payment for a dog license, or a nonprofit organization authorized to accept payment for a City dog license, or a nonprofit s.con73 33 wajrsy201710 4 12 13 “4 15, 16 18 19 20 21 22, 23 24 organization authorized to accept payment for a City dog license, shall not issve more than four ) dog licenses for a residence within the City unless the applicant for a license presents a signed notarized statement indicating whether one or more dogs previously licensed at the residence: (1) Has died; or 2) Has been sold or has been permanently transferred to a person not at the same residence or to an agency or organization; or @) Has escaped or been reported stolen and has not been located by the owner for at least a two @) month period, (©) The Animal Care and Control Division is authorized to impound, sell, euthanize, or dispose of any unlicensed dog consistent with the Michigan Dog Law of 1919, being MCL 28.261 et seg., and this chapter of the Code. Where any stray dog is captured by the Animal Care and Control Division and is duly licensed in compliance with this chapter, the dog may be released to the owner upon payment of any fees, including impoundment charges; provided that the dog has not been declared a public nuisance under section 6-1-5 of this Code, or determined to be a dangerous animal pursuant to section 6-1-8-6-3-1 of this Code, and the release of the dog to the owner would be consistent with protecting public health and safety. (@Where any stray dog is captured by the Animal Care and Control Division and is not duly licensed in compliance with this chapter, the dog shall only be released to its owner upon payment of license fee, and either: (1) Proof of rabies vaceination as described in Sec. 6-5-2 of this Code; or (2) Payment of costs associated with vaccination performed by the Animal Care and Control Division; and (3) Settlement of any other violations or penalties described in See. 6-5-7 of this Code, Sec. 6-4-7, 6-5-2. Rabies control requirements for dogs over the age of four (4) months; ANG. 00773 34 apis/20r710 u 13 14 15 16 18 19 20 au 22, 23 24 waiver of vaccination fee, (a) Any dog over the age of four (4) months that is owned, harbored, kept, or sheltered within the City shall at all times be vaccinated against rabies, unless a written statement, renewable each year by a veterinarian is produced by the owner showing that the dog should not be vaccinated. Any owner or person harboring, keeping, or sheltering a dog within the City shall have the duty, upon demand by the Animal Care and Control Division or any authorized agent of the Animal Care and Control Division, to produce a proof of vaccination against rabies. A proof of vaccination against rabies shall consist of a written certificate or statement signed by a licensed veterinarian, and shall state the owner's name and address, a description of the dog, including the breed, sex, name, and age of the dog, the date of vaccination, the type of vaccine used, and the date re- vaccination is duc. One 1) copy of such the certificate or statement shall be forwarded by the veterinarian signing such document to the Animal Care and Control Division in a manner as prescribed by the City. (6)The Animal Care and Control Division shall vaccinate a dog, without payment of a fee, where: (1) ‘The owner, as determined by the Animal Care and Control Division, is an indigent person who is unable to pay; or (2) The owner presents proof of the current receipt of state or local Public assistance; or (3) The owner's income consists entirely of benefits under the social security aet, or the railroad retirement act, or yeteran’s benefits; provided that this the waiver of payment for a dog vaccination shall apply to only one €3 dog per residence. Sec. 6-2-2. 6-5-3, Dogs within the City for less than thisty-30) days; exception to the roquirement for license; proof of rabies vaceination. ‘The dog license requirements of section 6-2-4-6-5-1 of this Code shall not apply to any dog axeoorrs 35 onjsei20710 i 12 4 15 16 17 18, 19 20 4 23 temporarily within the City for a period of less than shirty-(30) consecutive days where the dog is kept, atall times, within a building, enclosure or vehicle, or is under restraint as defined in section 6-1-1 of this Code; provided that upon demand of an officer of the Animal Care and Control Division or of the police Police department Department, the owner shall provide proof of vaccination against rabies for any dog temporarily within the City. See. 6-2-3; 6-5-4. Dog license application; issuance and expiration of licenses. (a)An application for a City dog license may be filed with the Animal Care and Control Division, or with any authorized City agency or department, or with a nonprofit organization authorized by the City fo issue a dog license, by a person who present a valid Michigan-driver’s Hicense-ora-valid Michigan- government issued identification card, (b)The application for a dog license shall state: (1) The full name of the owner of the dog; (2) The age, breed, color, markings, name, and sex of the dog; and (3) The name and address of the last previous owner of the dog, if applicable. (©) The application for a dog license shall be accompanied by a valid cortificate of a current vaccination for rabies, with a vaccine licensed by the United States Department of Agriculture, and signed by a licensed veterinarian, for the dog being licensed. A license for a dog may only be issued without such certification in accordance with section 6-1-7-6-5-2 of this Code, A-lieense prior to-the date-on-which the license-would expire, (@)Where the required application for a dog license has been completed and the license fee paid, the Animal Care_and Control Division, or any authorized City ageney or department, or nonprofit organization authorized by the City, shall cause to be issued to an applicant an annual license to harbor, keep, or shelter a dog within the City for the term commencing at the date of the Ate 00773 36 origin10 u 12 13 14 15 16 17 18. 19 20 at 22 23 24 issuance of the license and expiring one (1) year from the date of the rabies vaccination. (©All dog ticensés that are required under this article for any feader-dog that is a service animal used-by-a-blind-person-or-eny-other speeiatly-trained-deg which provides assistance t0-@ disabled-or physically challenged person, shall be issued for the life of the dog, Sec. 6-2-4. 6:5-5, Dog license fees. (@) The Animal Care and Control Division, any authorized City agency or department, or any nonprofit organization authorized to issue a City dog license, shall at the time of and before issuing a dog license and for each renewal, collect from each applicant a license fee, as established by the ‘Administrator of the-Animal-Control-Division and approved by City Council, for each neutered or spayed dog with a surcharge to be established for each dog not neutered or spayed. When the license is issued from the Michigan Humane Society, the Anti Cruelty Association Ine-orother a nonprofit organization authorized to issue a City dog license, sueh the organization is authorized to deduct a portion designated by the City for each license so issued to pay such the organization for the administrative costs incurred, before forwarding the balance of the license fee to the Animal Care and Control Division. (b)License fee schedules shall be posted at all locations where City dog licenses are issued. (©)Dog licenses for leader dogsused-by a blind person, oF for any-other specially trained dog ‘which provides-assistance toa disabled or physically-challenged-person,-dogs that are service animals shall be issued without any charge to the owner. Sec. 6-2-5; 6-5-6. icense tags; license and tags not transferrable-Use-transferable; use of microchips; transfer of microchip registration. (a) The dog liconse issued by the Animal Care and Control Division shall consist of a metal tag which shall have stamped or engraved thereon the year issued;togetherswith the words “Detroit License”, Before-delivery, all such-metal-The license tags delivered shall be approved by the AteourTs 37 wa/s/200710 11 12 3 14 15 16 v 18 19 20 21 22 23 24 Animal Care and Control Division before delivery. The shape and style of sueh the license tags shall be changed annually. Livense tags shall be attached to a substantial collar harness of durable material. Other than those provided for in this section, no official license tags shall be used on the collar or harness of any dog. This requirement does not prohibit the placement of private identification tags on any animal, (b)le-shall-be-unlewfitl- fora No person te shall remove the collar or harness, with the license tag attached, from any dog without consent of the owner or the party to whom the license for the dog is issued; provided, that an animal control officer may remove a collar or hamess from an impounded dog for the purpose of identification, or for the safety, of the dog. (©)A collar or harness, with license tag attached, shall be worn at all times by any a dog, when sueh the dog is on any street, highway, or publie place within the City. (@Upon satisfactory proof that the license tag, as required in this section, has been lost, the Animal Cate and Control Division, or other agency authorized by the City to issue dog licenses, is authorized to issue a duplicate license tag upon the payment of a license replacement fee. (e)Dog licenses or license tags issued under this section are not transferrable between animals dogs or between owners. (f) The Animal Care and Control Division is authorized to implant and utilize microchips to idontify licensed dogs and to collect a fee for such services. (g)Aay person owning eny a dog which has been implanted with a microchip pursuant to this section shall transfer in writing the microchip registration with the Animal Care and Control Division upon the barter, gift, sale, trade or other transfer of the animal dog, Seer 6-2-6,—Dog-restraint-{id-nole-Thiv-section-has been mover.to- See6-2-2-} ‘See:6-2-7.—Frentment of stray dogs fiid-note:-This-section hes been-move Sec. 6-5-7 ~ 6-5-10, Reserved, Aso00Ts 38 eoprojzor710 1 12 B 4 15 16 W 18, 19 20 2 22, 23 24 ARTICLE VI. RESERVED ARTICLE ¥-VIL PET SHOPS DIVISION 1. GENERALLY See. 6-5-4: . Pet shop kennels or cages to be approved, All animals offered for sale by a pet shop shall be confined in kennels or cages that have been approved by the Michigan Department of Agriculture and Rural Development and by the ‘Detroit Health Department. See, 6-5-2, 6-7-2. Pet shop requirements. (@)A pet shop is-requiredte may operate only in a permanent building or structure. (b)The permanent building or structure used in the operation of a pet shop shall be provided with proper sanitary refuse receptacles and with floors that can be property cleansed and flushed. (©)The operator of pet shop must conform to any the rules and regulations of the Michigan Department of Agriculture_and Rural Development and of the DetseitHealth Department concerning the operation of a pet shop. Sce. 6-5-2, 6-7-3. Sale of diseased, injured, maimed, or sick animals prohibited. t-shall-be-unlewfislforany No person operating a pet shop within the City to shall sell, ot offer for sale, any diseased, injured, maimed, or sick animals, See. 6-5-4 6-7-4. Injured or sick animals to be reported; care by a licensed veterinarian or others, All diseased, injured, maimed, or sick animals must be reported immediately by the person se-whonte-Hieense-to-operate operating a pet shop isissued-under thisartiele to the Detroit Health Department, and thereafter, such animal shall be under the control of a licensed veterinarian or other person duly authorized by the Detzo#t Health Department until the animal is permanently cured, healed, or euthanized. As6-00773 39. on/tg/201710 11 12 13. 4 15 16 18 19 20 24 22 24 See. 6-5-5; Misrepresentations as to health or pedigree. Ieshall-be-unlewSul for-eny No person operating a pet shop licensed under this article to shall misrepresent in any way the health condition or pe jgree of any animal offered for sale or to refuse to issue to the purchaser a written guarantee of the health or pedigree of the animal at the time of sale where requested to do so. Sec. 6-5-6. 6-7-6. Humane treatment of animals, (@)Every pet shop ticensed-wsder-this-article shall treat all animals in its care, custody or possession humanely and in accordance with ANY-the rules and regulations of the Detroit Health Department erand of the Micl an Department of Agriculture and Rural Development. (b)It- shetl-be-unlevsti-for-e No pet shop licensed under this article to shall fail or refuse to humanely treat any animal in its care, custody or possession. In addition to any other penalties which may be imposed for violation of this section, a pet shop may have its City license suspended, revoked, or not renewed in accordance with Chapter 30 of this Code. See, 6-5-7: 6-7-7. Approval of health-department Department; agreement by applicants and licensees. (@)Upon application, the Petroit Health Department is authorized, after determining that the establishment or place where a pet shop is condueted or intended to he conducted is a proper place, to approve the operation, or the continuing operation, or a pet shop at a specified location. An approval shall not be made until the Health Department determines by inspection that the establishment or place meets all the requirements of this article. (b)Applications for the required approval from the Detroit Health Department shall state that the building or structure where the applicant conducts, or intends to conduct, a pet shop meets City requirements for a pet shop, shall provide all information required by the Detroit Health Department, and shall contain an agreement by which the applicant consents to the inspection of AN6-00715, 40 enpso/201710 1 12 1B 14 15 16 7 18 19 20 24 22 23 any part of the premises used in connection with operating the pet shop by the Dettoit-Health Department, or any person authorized by the Michigan Department of Agriculture_and Rural Development, to ensure compliance with this Code or any rule and regulation of the Michigan Department of Agriculture and Rural Development or of the Detroit-Health Department; which governs the operation of 2 pet shop. See. 6-5-8 6-7-8 — 6-5-20, 6-7-20. Reserved. DIVISION 2. LICENSE See, 6-5-24, 6-7. (@) It shall-be-untavefal-for-eny No person 4e shall operaie, or cause to be operated, any pet nse from the City of Detroit, License required, shop within the City without first having obtained a (b)A pet shop license must be renewed annually in accordance with the provisions of Chapter 30 of this Code. Sec. 65-22, 2. Application; information required;-Aetion a upon application, (@)At the time of application or renewal, every person who desires to obtain a pet shop license that is required by this division shall file a written application with the City Business License Center on a form that is provided by the City. In addition to the other required information, the applicant shall provide: (1) The complete name, address, and age, of the applicant; (2) Where the applicant is a corporation: a. The complete and accurate corporate name; b, When and where such corporation was incorporated; c. The complete names and addresses of officers, directors, managers, and other persons of authority 16 bind the corporation; and 4. The complete name and address of the registered agent, Atcea7ts at eopreyat710 1 12 13 4 15 16 18, 19 20 21 22, 23 24 (3) Where the applicant is a partnership, the complete names and addresses of the partners; (4) Where the applicant conducts business under a trade or assumed name: a, The complete and full trade name; and b, The complete name(s) of the person(s) doing business (5) That the applicant or the officers, directors, managers, erand_other persons with authority to bind the corporation, or the partners are at least eighteen-(18) years of age; (6) That the applicant or the officers, directors, managers, and other persons with authority to bind the corporation, or the partners have not been convicted either of any violations of the provisions of this division for a period of two (2) years prior to the application, or of any felony offense; (7) The complete names and addresses of all parties that have a financial interest in the pet shop; (8) Where applicable, the complete name and address of the owner of the premises where the pet shop is located; and (9) The location of the proposed pet shop, (b)Upon receipt of an application for a pet shop license, the Business License Center shall take aétion in accordance with Chapter 30 of this Code. Sec, 6-5-23, 6-7-23. Application and license fee. (@)A non-refundable fee shall be charged for the processing and issuance of a license under this division. In accordance with Chapter 30 of this Code, this fee shall be established based upon the cost of issuance and administration of the licensing regulations, and shall be approved by the City Council. The fie shall be posted on a schedule at the Business License Center. ateour7s 42 wpe10 14 12 13 14 18. 19 20 24 22 23 24 (b)A fice shall be charged each new applicant and any current licensee who seeks to open any new pet shop. (©)Upon expiration of a current license, each licensee shall pay the annual fee for a license renewal. (Upon payment of the fee and receipt of the required approvals from the Department, the Buildings, and Safety Engineering and Environmental Department, the Fire Department, the Finance Department, the Detroit Health_Dopartment and the Police Department, an annual City license shall be issued to the applicant. See. 6-5-24, 6-7-24, Requirements for issuance of a city license to operate a pet shop. Before the City shall issue a pet shop license, the applicant shall furnish to the issuing department: (2) An approval from the Detroit Health Department, stating that the building or structure where the applicant operates, or intends to operate a pet shop, meets all of the requirements for a pet shop contained in sections 6-5-1 6-7-1 and 6-5-2 6-7-2 of this Code; and (2) Proof of the issuance of a license from the Michigan Department of Agriculture and Rural Development to the applicant to operate a pet shop at the location. Sec. 6-5-25: ional inspection and approval of premises; structural and fire safety requirements. : (a)Upon application and before any pet shop license shall be issued or renewed, the application shall be referred to the appropriate divisions of the Buildings, and Safoty Engineering and Environmental Department and to the Detroit Fire Marshal, who each shall cause an inspection to be made of the premises of the pet shop. (b)Upon full compliance with all pertinent laws, rules, and regulations of the Department, the A1e-00713 4B wpreja0171 Buildings, and Safety Engineering and Environmental Department, the Detroit Health Department; 2 and the Fire Department, including the following requirements, sueh the departments shall certify 3 that the applicant is approved to be licensed: 4 (1) Building, electrical, mechanical, plumbing, and property maintenance codes. The 5 premises of the licensed establishment shall be in compliance with the Michigan 6 Building Code, the Michigan Electrical Code, the Michigan Mechanical Code, the 7 Michigan Plumbing Code, and with the Detroit Property Maintenance Code; and 8 2) Fire protection and safety. The premises of the licensed establishment shall meet the 9 requirements and limitations of the Detroit Fire Prevention Code, being Chapter 19, 10 Article I, of this Code. 11 See, 6-8-26, 6-7-26, Investigation required, 12 (@)Upon application and before any license required by this division shalL-be-is issued or 13. renewed, the is suing department shall refer such application to the City Finance Director who shall 14 cause an investigation to be completed to determine whether any property tax, income tax, and/or 15 special assessments are unpaid, outstanding and/or delinquent. 16 (b)A pet shop license shall not be issued or renewed by the City until the Finance Director has 17 given his or her written confirmation that the applicant is not in arrears for taxes, or assessments, 18 which are delineated in subsection (2) of this section, 19 See. 6-5-2% suse posting required; non-transferable. 20 (a)Upon issuance by the Business License Center and after receipt by the applicant, a-the side the licensed 21 licensee shall post the pet shop license shall-be posted at all times by thefieensee i 22 premises in a conspicuous location near the entrance, 2B (b)AII pot shop licenses shet-are issued under this division shall not be transferable. 24 ration and renewal dates. Atg.00773 44 wyrepz0r7(a)All pet shop licenses that-are issued pursuant to this division shall expire on April 30th of each year. (b)AIL applications for renewal of pet shop license shall be filed before May Ist of each year. Sec. 6-529. 6-7-29. License suspension, revocation, or denial of renewal. A license thats issued under this division may be suspended, revoked, or denied renewal in accordance with Chapter 30 of this Code. Sec. 6-5-30, 6-7-30 - 6-7-40. Reserved. Section 2. This otdinance may also be known as the “Xavier Strickland Memorial Animal Control, Ordinance” to honor the life and memoty of Xavier Strickland, who was fatally injuted by dangerous dogs, and to demonstrate the commitment by the City of Detroit that the cizcumstances which led to ‘Xavier Strickland’s tragic death are adequately and permanently corrected for the safety and peace of mind of residents of the City of Detroit Section 3, This otdinance is hereby declared necessary to preserve the public peace, health, safety, and welfate of the People of the City of Detroit. Section 4. All ordinances, ot patts of ordinances, that conflict with this ordinance are repealed. Section 5. In the event this ordinance is passed by two-thieds (2/3) majority of City Council Member serving, it shall be given immediate effect and become effective upon publication in accordance with Section 4118 of the 2012 Detroit City Chartes, Where this ordinance is passed by less than a two-thirds (2/3) majority of City Council Members serving, it shall become effective on the thirtieth (30) day after enactment, or on the fitst business day thereafter, in accordance with Section 4-118 of the 2012 Detroit City Charter. Approved as to form: Melvi CI RE cee Corporation Counsel 1s 00718 cy o/6/2017